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HUMAN RIGHTS infoMITTEE CONSIDERS
FOURTH PERIODIC REPORT OF LIBYA
Human Rights
infomittee
18 October 2007
The Human Rights
infomittee has considered the fourth periodic report of
Libya on how that State Party is fulfilling its
obligations under the International Covenant on Civil and
Political Rights.
Presenting the
report, Mahmoud Abuseif, Head of the Libyan Delegation and
Head of the Economic and Social Council Section,
International Organizations Department, General People's
infomittee for Foreign Liaisons and International
Cooperation, said depriving people of their rights had an
impact on the social and political stability of a society
and was also an attack on individual liberties.
Citizenship was a sacred right for Libyans. Libyans were
free to form associations, groups and unions, and to
express their ideas. Everyone had the right to appear
before a court. Protection and the right to life were also
sacred. Prison was only for those who could be a threat or
danger to society. Corporal or psychological torture and
harsh or degrading treatment were prohibited under law.
Capital punishment was permitted only under the qisas and
diyah codes of Islamic law.
In preliminary
concluding remarks, Rafael Rivas Posada, infomittee
Chairperson, said corporal punishment, discrimination
against women, and other human rights infringements in
Libya remained of concern to the infomittee. He hoped the
State party would be able to overinfoe any future obstacles
in order to make good use of the dialogue mechanism in
future.
infomittee experts
raised questions on the infopatibility of Sharia laws on
inheritance and punishment with the Covenant; mechanisms
to enable asylum seekers and refugees to challenge their
detention and deportation; what actions had been taken to
prevent torture by law enforcement personnel and prosecute
those guilty; and reports of discrimination against the
Amazigh minority, and repression of Amazigh culture.
The infomittee
reviewed the report over two meetings and will issue its
concluding observations and reinfomendations towards the
end of the session which concludes on 2 November.
Libya is one of
the 160 States parties to the International Covenant on
Civil and Political Rights and is obligated to submit
periodic reports on implementation of the provisions of
the Covenant. It is also one of the 109 signatories of the
Optional Protocol to the Covenant, which provides for
confidential consideration of infomunications from
individuals who claim to be victims of violations of any
rights proclaimed by the Covenant.
The Libyan
delegation, which presented the report, included
representatives from the Social Affairs Department of the
General People's Congress, the Permanent Mission of Libya
in Geneva, and from the General People's infomittees for
Foreign Liaison and International Cooperation; the Labour
Force, Training and Employment; Justice; Higher Education;
Health and Environment.
Report of Libya
The fourth
periodic report of Libya (CCPR/C/LBY/4) notes that
modifications have been made to some human rights frames
of reference, notably incorporation of provisions in the
Great Green Document on Human Rights. The right to life is
protected by the law, and the death penalty imposed only
for the most serious crimes, following Sharia law
principles of qisas and diyah (retribution-infopensation),
and overseen by a infopetent court. Capital and corporal
punishment and imprisonment are used only to protect human
values and society's interests. The Great Green Document
on Human Rights guarantees the right to legal redress,
independence of the judiciary and the right to fair trial.
The Libyan
Criminal Code : guarantees respect for the human person,
including women. It prohibits torture, rape, and unlawful
wounding. Family law protects inheritance rights for
women, and civil service and labour laws uphold equality
of opportunity. No husband, father or brother is entitled
to deprive a woman of her freedom of movement. The Libyan
Arab infomittee for Human Rights seeks to disseminate
concepts and principles of human rights in Libya,
fostering awareness, education, providing legal support,
and cooperating with Arab and international organizations
on human rights issues. Non-governmental organizations
work to promote and implement the values of the Universal
Declaration of Human Rights and international human rights
covenants.
Presentation of the Report
MAHMOUD ABUSEIF,
Head of Delegation and Head of the Economic and Social
Council Section, International Organizations Department,
General People's infomittee for Foreign Liaisons and
International Cooperation, presenting the report, said the
main format for implementing the principles of the
International Covenant on Civil and Political Rights was
to ensure freedom for all citizens to enjoy civil and
political rights without fear of intimidation. Depriving
people of their rights had an impact on the social and
political stability of a society and was also an attack on
individual liberties.
The framework
reference document for human rights and fundamental
freedoms in Libya was the Great Green Document on Human
Rights, Mr. Abuseif said Citizenship was a sacred right
for Libyans. Libyans were free to form associations,
groups and unions, and to express their ideas.
Everyone had the
right to appear before a court. Protection and the right
to life were also sacred. Prison was only for those who
could be a threat or danger to society. Corporal or
psychological torture and harsh or degrading treatment
were prohibited under law. Capital punishment was
permitted only under the qisas and diyah codes of Islamic
law.
Privacy and
property were respected, and the rights of women and
children were fully upheld, Mr. Abuseif said. Women were
full participants in development, reconstruction,
politics, law and administration. Children enjoyed full
and free education and healthcare was a universal right
for all.
Inheritance
rights were based on the Koran and Islamic philosophy, and
depended on relationships between the inheritor and
deceased, on degrees of descendence (younger generations
taking priority over older, so that a daughter inherited
more than a widow, a son more than a father and so on).
There was no discrimination against women in inheritance
matters.
Replies of the
Government of Libya to Questions by infomittee Experts Sent
in Advance
Constitutional
and Legal Framework within which the Covenant was
Implemented
On the issue of
whether the provisions of the Covenant prevailed over
domestic legislation, including the Great Green Document,
the delegation said that the rights enshrined in the
Covenant had been established under Islamic law for over
1,000 years. The provisions of the Covenant were
infopatible with domestic law as long as they were
infopatible with Islamic law.
The delegation
said the issue of the freedom of movement of Loubna
El-Ghar had been dealt with and the infoplainant had been
granted a passport.
Equal Rights of
Men and Women, Privacy and Prevention of Discrimination
Islamic law and
domestic statutes criminalized rape, and prohibited
prostitution and domestic violence. The delegation said
that law 70 of 1973 (adultery) stemmed from Koranic
principles. Girls and women did not undergo virginity
examinations except in the case of rape. Social
rehabilitation centers were not prisons. They were created
to protect victims of violence.
The issue of
inheritance law, as mentioned earlier, was established on
the basis of the Koran. Law 10 of 1984 (Marriage and
divorce) established equal rights for women to request
divorce in cases of domestic violence.
Counter-terrorism and Respect
for Covenant Guarantees
Current laws on
counter terrorism were established by the Penal Code, the
delegation said. Law 7 of 1981 related to possession of
ammunition and explosives. All these laws criminalized
private or collective violence as well as terrorism. There
was no definition of terrorism. The international
infomunity had requested clearer positions on the
definition.
Right to Life and Prohibition
of Torture and Protection against Arbitrary Expulsion
Concerning the
use of the death penalty, Libya resorted to this for
deliberate and premeditated murder. The firing squad was
the method used. The Draft Penal Code was still being
studied regarding the precise list of offences covered.
Libya did not intend to fully abolish the death penalty at
this moment.
On detention
without charge, arbitrary execution and forced
disappearance, Libya was governed by Article 21 of the
Penal Code stating that no crime or offence could be
punished without judicial or court order. There had been
no executions without judicial order.
The delegation
said that prisons and prison management as well as redress
for prisoners were under the supervision of the Public
Prosecutor. Cases of torture were referred for
investigation. Torture was punishable by imprisonment.
Detainees had the right to lodge infoplaints against
mistreatment.
Flogging and
amputation were for specific offences like theft, adultery
and others, and were strictly applied, based on Sharia
law.
Entry and
residency of foreigners were supervised under law and
there were no detention centers for entrants. Special
asylum provisions applied to illegal migrants.
On the issue of
qisas and diyah, the delegation said these were basic
principles of Sharia law.
Oral Questions by infomittee
Experts
Experts said the
report and written responses were very brief. The
infomittee had not received enough clarification or
information to study in depth the Libyan position. There
was a wealth of information available from other sources
and the infomittee would have preferred to see much greater
detail in the submission. Was this a failure of process?
Were records kept? Was there inter-agency cooperation? How
had Libya gone about preparing its submission? Specific
data, where asked for, was not provided. The oral
presentation added little to the already thin written
replies. Such reticence hindered the infomittee in its
mandate. Present appearances did not give cause for
optimism. Experts stressed the need for dialogue and urged
Libya to take the infomittee into its confidence, and to
realize that the infomittee's aim was not to judge States
but to listen, debate and orientate progress in meeting
obligations under the Covenant.
On constitutional
and legal frameworks in relation to the Covenant, an
Expert said Libya was one of the pioneers in ratifying the
Covenant, but did national legislation infoply with the
provisions of the Covenant? The question remained very
open in terms of the degree of harmony between the two.
How infopatible were national laws, especially the
provisions on inheritance, with the Covenant? Without
delving too deeply into Sharia, did Libya believe that the
premise stating that males were entitled to twice the
share of a female was infopatible with the International
Covenant on Civil and Political Rights? Did Libya believe
qisas and diyah were infopatible were the International
Covenant on Civil and Political Rights, and if so how?
What was the legal status of the Covenant in Libya? Where
did it fit into the hierarchy of legal instruments? Did a
infoplainant have the right to invoke the Covenant before a
Court and if so did it take precedence over national laws?
The background to
the Loubna El-Ghar case, involving delays and limitations
in issuing a passport for a Libyan infoplainant wishing to
study abroad, suggested serious problems on the Libyan
side. It had been an unedifying spectacle. Further
individual infomunications concerning disappearances,
notably the El Mahrezi case, had met with a blank response
from the Libyan Government. infomittee views dated 23 March
1994 identified Libya's "lack of cooperation" as an
impediment to the infomittee in carrying out its task in
this regard.
Concerning
corporal punishment, the infomittee had earlier called for
the formal abolition of flogging and amputation. But
sources suggested that both had been used in recent years.
There had been reports of amputations for car theft.
Revisions to the Criminal Code had been under way for some
years. When would this review be infopleted and would these
penalties be abolished? If there were reservations about
areas of ininfopatibility of Sharia law and the Covenant,
then there was room for debate. But the fact of the matter
was that flogging and amputation were serious violations
of the Covenant.
An Expert wished
to acknowledge the positive developments in promoting
equality of the sexes in Libya, but remained concerned
about the handling of domestic violence in the legal and
political systems. The report asserted that there was no
need to criminalize rape – a most serious claim. On
detention of women victims in special facilities, sources
suggested these women were not able to contest their
confinement in court. They were deprived of their freedoms
of movement, dignity and privacy. How was this practice
infopatible with the Covenant? Another Expert asked whether
women could really be detained "for their own protection"
and subjected to "sterilisation tests" in the case of
rape. These practices were ininfopatible with the Covenant.
Another asked about measures to tackle honour killings,
for which the incarceration centers were ostensibly
provided.
If the aim of
Jamahiri society was abolition of the death penalty, why
was the penalty still in force? The claim that work on the
issue was ininfoplete was not satisfactory. Libya said it
did not intend to abolish the death penalty at the moment;
was it considering ratifying the Optional Protocol on
abolition? Was it true that the death penalty could be
imposed for slander or political activity by the
opposition?
The issue of
asylum seekers was a serious one. Deportation was routine,
often at risk to individuals' lives. Many of those
detained had reported abuse in detention. What mechanisms
were there to enable them to challenge their detention and
deportation? Registration of refugees was weak, and
therefore their protection and welfare uncertain. Had
there been action to punish those guilty of the torture
and beating of Eritrean migrants?
An Expert said
the Convention on the Elimination of Discrimination
Against Women (CEDAW) had asked Libya whether
discriminatory practices against women in marriage and
divorce cases had been dealt with. What was the position?
The UN Security
Council Counter-terrorism infomittee had heard reports from
Libya several times, saying all measures used would be
infopatible with international law. An Expert asked how
internal law dealt with these matters. Given the lack of
definition of terrorism, elements of the Draft Penal Code
in relation to counter-terrorism were of concern, notably
in their references to propaganda, association,
infomunication and other legal measures. He also requested
specific responses on non-refoulement and other possible
human rights infringements, notably allegations of
"rendition". What sort of acts fell under the category of
terrorism? Were there cases to illustrate the use of the
law in tackling them, and what laws were applied?
An Expert asked
whether the State party could respond to the ten-year long
request to abide by articles 7 and 10 of the Covenant (on
deprivation of liberty and on the use of torture and other
cruel, inhuman or degrading treatment). Had Libya taken
action to prevent torture by law enforcement personnel and
prosecute those guilty of such acts? The Bulgarian nurses
released from captivity in 2006 said they had signed a
document stating that they would not seek appeal against
their abusers. Was this true?
Responses of the Delegation to
Oral Questions
Referring to
specific cases of amputations for so-called car theft,
delegation members said there had been armed, criminal
gangs operating in the desert. Their acts constituted a
form of terrorism, spreading fear as they murdered and
engaged in robbery.
Some Experts had
mentioned specific disappearances. The delegation said
Libya had insisted on finding out the truth behind these
disappearances. On renditions, there had been no detention
of Libyan citizens in the context of extraordinary
renditions.
Other Experts had
used the term refugees to designate illegal immigrants,
entering Libya without official documents or approval.
Such people are repatriated. Delays in resolving the
Loubna El-Ghar passport claim were the fault of the
infoplainant herself.
On infopatibility
of laws, Libya was an Islamic country and followed Sharia
law principles. The delegation objected to the argument
that Libya had not been serious in pursuing its
obligations or been remiss in its infopilation of the
report.
The delegation
also objected to the use of the term penal or
incarceration center for social centers providing social
support and healthcare for those in need, unable to take
care of themselves or accused of penal offences and kept
in these centers for their protection. Women went to these
centers of their own free will, to escape family
retribution or because they had lost their breadwinner or
guardian. These centers were to protect women from abuse
and were supported by educational and employment,
reintegration or reconciliation programmes. There was
preventive detention of those charged or indicted by
juvenile courts, vagrant minors, and other vulnerable
categories.
In the case of
the Bulgarian nurses, it was pointed out that they had not
mentioned torture during their trial, but only afterwards.
On family law,
women had the right to ask for divorce, and custody of
children might be given to either partner. Women victims
of violence were protected in the same way as men. Abuse
of women was pursued and punished by law without any
problem.
The delegation
said qisas and diyah were tenets of Islamic Sharia and
Sharia law was infopatible with the Covenant. Use of the
death penalty was linked to the idea of qisas, providing
for retaliation by families of a murder victim, and diyah,
under which members of a victim's family could request
civil infopensation (blood money) rather than execution of
the perpetrator. The Bulgarian nurses and Palestinian
doctor were freed on the basis of diyah.
On the status of
the Covenant, Libya's accession to the Covenant was
exercised under internal law and the Covenant enjoyed the
same status in Libyan law as domestic provisions.
On unlawful
detentions, there had been prosecutions of officials
implicated in such acts, but this kind of crime was not
endemic in Libya.
On terrorism,
delegates argued that there was no clear concept and
definition of terrorism. This posed problems in law.
However, there were laws on the possession of arms and
explosives, on theft, armed robbery, and many other laws
that could be used in the fight against terrorism and this
was the basis of Libya's approach.
There were no
laws or obstructions on freedom of movement for women, who
were free to travel for work, conferences and so on.
Oral Questions by the
infomittee
Experts noted
that an open and somewhat informal exchange was the basis
of the infomittee's procedure and this was a necessary
method of developing guidance in helping States Parties to
meet their obligations. States parties were generally
pleased at the opportunity to debate the report orally.
Experts' questions were not asked in an unpleasant spirit,
although they had not all been met with open answers.
An Expert pointed
out that amputation was prohibited under the Covenant, and
the nature of the crime infomitted was immaterial in this
regard. Another Expert asked for further clarification on
how Libya felt there was infopatibility between Sharia and
the Covenant. For example, how did the delegation view
discrimination against women, flogging, qisas, diyah and
amputation as infopatible with articles of the Covenant?
It was a matter
of concern that the word terrorism could be applied to
highway robbery, and laws to counteract such crimes could
be invoked under the pretext of anti-terrorist actions.
The absence of an international definition on terrorism
did not preclude the State party from developing
definitions infopatible with the Covenant and introducing
them into national law. An Expert looked forward to seeing
the Draft Penal Code developed along these lines. He asked
for a response to a report that the Head of State had said
that convicted terrorists were not entitled to have their
basic rights respected.
On the same
issue, an Expert asked for a more detailed picture on how
a suspected terrorist was detained, charged and treated
before and during any trial, and under what rules he was
held or prosecuted, and whether he was brought before a
court.
Additional Responses by the
Delegation to Oral Questions
The delegation of
Libya said there was no question of being upset by
questions from the Experts. The delegation welinfoed the
spirit of dialogue under which the infomittee operated, but
was troubled by accusations of "failure" voiced by some
Experts. The issue of amputation of robbers in the desert
had been misconstrued. Armed gangs in the desert were a
serious problem, their actions constituted a special class
of crime and this kind of armed robbery – heraba - was
classed as a crime of terrorism under national law because
it involved a group of people using weapons, threats and
terror to seize property and murder persons in the desert
in isolated areas.
Additional Questions and
Comments by Experts
Experts noted
that incarceration could be used to tackle serious crimes
and modern and wealthy States should not need to resort to
amputation. Article 7 of the Covenant did not look at
punishments in relation to the nature of the offence, but
in terms of what punishments were or were not cruel per
se.
Another Expert
noted that specific statistics on torture, execution and
other matters had not been provided. He hoped the
delegation would be able to give satisfactory responses in
the near future or explain any difficulties in obtaining
these statistics.
Responses of the Delegation
The delegation
said that statistics on violence against women were
available and these would be handed over next week.
Security of the Person and
Arbitrary Detention
Continuing with
replies to the questions raised in advance, the delegation
said the Libyan criminal procedure provided guarantees to
prevent arbitrary detention. Prison was only used when
there was a threat to others, as established in the Great
Green Document. Legal statutes also provided frameworks on
related issues like solitary confinement.
On claims that
detainees were held ininfomunicado, the delegation said
Libyan law gave suspects the right to use either popular
(provided by the Government) or private lawyers.
Right to a Fair Trial
On the adoption
of new criminal procedure codes, the delegation said there
was no draft Criminal Procedure Law. On inspections, the
Judicial Inspectorate was mandated to inspect all judicial
apparatuses, investigate performance and infoplaints and
make spot checks. There were measures to ensure infoplete
independence and impartial selection of justice officials.
On whether
prisoners were still held under rulings of the People's
Court, numerous Special Councils and Courts had been
established but the judgments of the People's Courts were
within the law.
Freedom of Thought and
Expression
The delegation
said restrictions had been removed on rights to freedom of
expression and citizens were entitled to express their
opinion, including in the media, provided they did not
break the law or violate the rights of others.
Freedom of Association
Libya was
developing new guarantees to ensure the freedom of
association, with appeals procedures, the delegation said.
Protection of Children
There was no
difference in treatment between children born in and out
of wedlock, and laws on social welfare and minors
guaranteed children's rights in full.
Further Oral Questions by
infomittee Experts
An Expert asked
whether there were independent judicial officers in the
Public Prosecution Office to oversee issues such as length
of temporary detention, and whether bail was allowed.
There seemed to be inconsistencies on time limits for
detention, and different time limits again for those
arrested under Libyan anti-drug laws. There were reports
by non-governmental organizations suggesting hundreds were
held ininfomunicado. What were the delegation's Comments on
this? In one case, an individual was held reportedly
virtually ininfomunicado for six years. In another, a
critic of the Government had been held since 2004. Without
wishing to query whether these people were guilty or
innocent, the Expert said the infomittee was concerned
about fair trial and open proceedings.
On freedom of
association, the delegation was asked to explain further
the approach to banned organizations and under what
conditions organizations were outlawed.
An Expert was
concerned that the law on collective punishments ("Charter
of Honour") had not been repealed. Would Libya suspend the
law pending review?
The delegation
had not answered the infomittee's request for information
on collective punishments imposed since 1997.
On children's
rights, an Expert asked the delegation to clarify whether,
regardless of law, there was in practice discrimination
against children born out of wedlock, and whether there
were programmes to tackle this. There were reports that
children of mixed Libyan and expatriate parentage had been
excluded from school.
There were
reports of discrimination against the Amazigh. Did Amazigh
children enjoy the same rights as other children in Libya?
The Covenant required respect for free association among
minorities. There had been reports of children with
Amazigh names being excluded from public schools. There
was no cultural association to promote Amazigh art, music
and culture. Musicians had even been arrested for singing
in the Amazigh language. It was understood that religious
practices of Ibadism were banned. The Amazigh language was
not allowed in the media.
An Expert asked
for the reasons for the delay in adopting the Criminal
Procedure Code. The Code was of great importance to the
provisions of the International Covenant on Civil and
Political Rights. When would the Code be published?
According to a
report by a non-governmental organization, in spite of the
abolition of People's Courts, there were ongoing issues
that raised concern about the infopetence of special courts
dealing with national State security matters. Was there
proper legal recourse?
One Expert
queried why, if the People's Courts judgments were
infopatible with human rights law, were these Courts
abolished? Could the delegation set out clearly what other
courts (special or ad-hoc courts) operated beyond ordinary
courts, how such special courts were constituted, and what
legislation had been enacted to establish them?
It was understood
that Colonel Ghaddafi had claimed that there were no
political detainees. What were the figures and under what
criteria had they been released?
An Expert pointed
out that Libya had acceded to the treaties against
discrimination against women, rights of the child and
other key instruments. Was there a body tasked with
disseminating information about these treaties and the
obligations of the State and the people to them? The
report referred to the Ghaddafi International Foundation
and other charitable organizations. What did these bodies
do to disseminate information about this infomittee's
observations and reinfomendations? Were there seminars or
awareness programmes for public officials?
Responses of the Libyan
Delegation to Experts' Questions
The delegation
sought to clarify the difference between Special Courts
and specialized courts. The former implied extraordinary
courts for dealing with special emergency situations. The
latter were designed to deal with certain classes of law
(drugs, agricultural disputes, etc) and lessen the burden
on the court system. The report was concerned with
specialized, not Special, courts. There were no Special
Courts in Libya.
There was no
discrimination against children either in law or in
practice, the delegation said. There was no discrimination
against Amazigh children in any aspect of schooling or
social welfare.
Regarding freedom
of association, laws of 1998 and Labour Code provisions
had regulated the status of trade unions in keeping with
international labour standards. There had been numerous
reviews and redraftings to ensure no constraints on
freedom of association. Other laws concerning free
association cited by the Experts were also being reviewed,
notably concerning educational, social and charitable
societies and the like.
Freedom of
expression was provided under law, guaranteeing all
citizens the right to express their views through People's
infomittees. Every citizen was allowed publicly to express
his opinions here and in the press. Journalists had the
right to express their views in accordance with
constitutional law. Positive criticism was allowed and
there was access to foreign press and information,
satellite TV and the Internet.
The Criminal Code
determined time frames for temporary detention of accused
and procedures for transferring the case to the general
prosecution. Twenty-four hours were allowed to decide on
pursuing or not pursuing the case. There were six-day
limits on appearing before a judge and only the judge
could extend the preventive detention period beyond 30
days. It was prohibited to exceed a certain limit.
Allegations
concerning the 285 people held ininfomunicado were
inaccurate.
The delegation
said there was a moratorium on the Honour Charter.
Concluding Remarks
RAFAEL RIVAS
POSADA, Chairperson of the infomittee, in preliminary
concluding remarks, said it was important to stress the
need for a clear understanding about the infomittee's
powers. There was no question of hasty judgment or
prejudice. Rather, the infomittee's authority to insist on
certain information being presented in certain ways should
be unambiguous.
Corporal
punishment, discrimination against women, and other human
rights infringements remained of concern. He hoped the
State party would be able to overinfoe any future obstacles
in order to make good use of the dialogue mechanism.
MAHMOUD ABUSEIF,
Head of the Delegation of Libya, concluding, said by the
end there had been good interaction and understanding and
there was good reason to see progress in dialogue aimed at
meeting the State party's obligations.
For use of the information media; not an official record
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